Lomita Municipal Code Art. 1 Shopping Cart Containment

The following definitions shall apply to this chapter:

"Abandoned shopping cart" means any unattended shopping cart left on any public or private property outside the premises or parking area of the retail establishment owning the shopping cart. Any such shopping cart shall be deemed to be abandoned and therefore a public nuisance pursuant to this chapter. For the purposes of this chapter, the parking area of a retail establishment located in a multi-store complex or shopping center shall include the entire parking area used by the complex or center.

"Abatement of a shopping cart" means the removal by the city or its appointed contractor of an abandoned shopping cart.

"Owner" means the owner or retail establishment whose name is required to appear on the shopping cart identification sign as provided in section 6-9.01.02.

(Ord. No. 738, § 2, 2-22-11)

The city council makes the following findings and declarations: the presence of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property creates a condition tending to reduce property values, impede emergency services, promote blight and deterioration, be aesthetically detrimental to the community, and injurious to the health, safety and general welfare. Therefore, the presence of wrecked, dismantled or abandoned shopping carts, or parts thereof, on public or private property is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(Ord. No. 738, § 2, 2-22-11)

Any retail establishment providing shopping carts to its customers shall permanently affix to each shopping cart an identification sign of the type described in Section 22435.1 of the California Business and Professions Code, as amended. The sign shall provide the information in English and in Spanish and identify the owner of the shopping cart, notify the public that the unauthorized removal of the shopping cart from the premises, and the unauthorized possession of the shopping cart, is a violation of state and local law. The sign shall list a valid telephone number and/or address for returning the shopping cart removed from the premises or parking area to the owner. A sign with the above information shall also be posted on the premises or within the parking area of any retail establishment.

(Ord. No. 738, § 2, 2-22-11)

The impoundment procedures contained in this section shall apply only to shopping carts that have the identification sign required by section 6-9.01.02.

A. Impoundment After Three (3) Days. Any abandoned shopping cart may be impounded by the city at the owner's cost if, prior to said impoundment, the city provides to the owner or the owner's agent a minimum of three (3) business days actual notice of the shopping cart's discovery and location. Notice may be given by any appropriate means, including by telephone. After said impoundment, the city shall notify either the owner of the shopping cart or the owner's agent, either by telephone or in writing, that the city has impounded the shopping cart and the address at which the shopping cart is then located. Any owner wishing to reclaim a shopping cart impounded pursuant to this subsection may appear during normal business hours at the applicable location and reclaim the shopping cart upon paying the fifty-dollar fine authorized by Business and Professions Code Section 22435.7 sub. (f) (the "fine") as amended, if applicable, and the city's actual costs incurred for impoundment and storage of the shopping cart, as set by resolution of the city council (the "fee"). The fine shall only be required to be paid if the owner or the owner's agent fails to retrieve one or more shopping carts within the applicable three-day period on three (3) separate occurrences within any six-month period.

B. Immediate Impoundment. Any abandoned shopping cart may be immediately impounded by the city; provided that the city shall, within twenty-four (24) hours of the shopping cart's impoundment, notify the owner or the owner's agent that the shopping cart has been impounded and the location at which the shopping cart was impounded. Any owner wishing to reclaim a shopping cart impounded pursuant to this subsection may appear during normal business hours within three (3) business days of the date of notice at the location and times indicated in the notice and reclaim the shopping cart free of charge, unless the shopping cart was impounded pursuant to section 6-9.01.03A. Any shopping cart reclaimed within the three-business-day period shall not be deemed an "occurrence" for the purposes of assessing the fine referred to in section 6-9.01.03A. Any shopping cart not reclaimed within the three-business-day period shall be subject to any applicable fee or fine imposed pursuant to section 6-9.01.03A, commencing on the fourth business day following the date of the notice.

(Ord. No. 738, § 2, 2-22-11)

The impoundment contained in this section shall apply only to shopping carts that do not have the identification sign required by section 6-9.01.02.

A. Any abandoned shopping cart without an identification sign may be immediately impounded by the city at the owner's cost. Within forty-eight (48) hours of said impoundment, the city shall attempt to notify the owner (if the identity of the owner is known), either by telephone or in writing, that the city has impounded the shopping cart and the location at which the shopping cart was impounded. Any owner wishing to recover a shopping cart impounded pursuant to this section may appear during normal business hours within thirty (30) days of the date of the notice (or, if no notice is given because the identity of the owner is not known, within thirty (30) days after impoundment) at the applicable location, and reclaim the shopping cart upon paying the city's actual costs incurred for impoundment and storage of the shopping cart, as set by resolution of the city council.

(Ord. No. 738, § 2, 2-22-11)

A. Any owner of a shopping cart who has been charged a fee or fine to reclaim a shopping cart shall be entitled to a hearing as to whether the fee or fine has been properly charged by providing to the city clerk a written request for a hearing within fifteen (15) days of receipt of notice that the shopping cart has been impounded. The hearing shall be held not later than thirty (30) days from the date of the hearing request, and the owner shall be notified of the time, date, and location of the hearing. The city manager or his or her designee shall act as the hearing officer. At the hearing, any interested person will have a reasonable opportunity to be heard. Based upon the evidence so presented, the city manager shall determine whether the city properly impounded the shopping cart and the owner has been charged the appropriate amount. The owner shall pay all costs associated with the administrative hearing and, if he or she desires to reclaim the shopping cart, pay any applicable fee and/or fine. If the hearing officer determines that the owner has been improperly charged a fee and/or fine, the owner shall be entitled to reclaim the shopping cart at an adjusted fee and/or fine or at no charge, whichever is applicable.

B. Appeal of the hearing officer's decision. The decision of the hearing officer may be appealed to the city council in the following manner:

(a) An appeal filed by the owner may be initiated by delivering to the city clerk a written notice of appeal and any required appeal fee within fifteen (15) days from the date of the decision by the hearing officer. The appeal shall specify the basis for the appeal. The appeal period shall end at the close of the business day for city hall on the fifteenth day provided, however, that if the fifteenth day falls on a weekend or city holiday the appeal period shall be extended to the close of business on the next working day.

(b) Upon receiving a notice of appeal, the city clerk shall schedule the appeal for a public hearing before the city council within thirty (30) days of the city's receipt of an appeal unless both the appellant and the city consent to a later date.

(Ord. No. 738, § 2, 2-22-11)

Any shopping cart impounded by the city pursuant to this chapter shall be taken to a location as may be designated from time to time and which is both: (i) reasonably convenient to the owner of the shopping cart; and (ii) open for business at least six (6) hours of each business day.

(Ord. No. 738, § 2, 2-22-11)

The city shall be permitted to destroy, sell at public auction, or otherwise dispose of any shopping cart, or part thereof, impounded by the city pursuant to this chapter and deemed to be permanently abandoned, which includes but is not limited to the following circumstances:

(a) The shopping cart does not have the identification sign required by section 6-9.01.02 or other information that identifies the owner, or the city is unable to locate the owner with reasonable diligence.

(b) If the owner has not requested a hearing, the owner of the shopping cart or the owner's agent has failed to reclaim the shopping cart from the city within thirty (30) days of receipt of notice that the shopping cart was impounded by the city.

(c) If the owner has requested a hearing, the owner or owner's agent has failed to reclaim the shopping cart from the city within thirty (30) days of the hearing date.

(d) The city manager determines that the shopping cart is inoperable, unsafe, or that the cost to repair exceeds the value of the shopping cart. In such case, the shopping cart or parts thereof may be destroyed without providing the hearing provided in section 6-9.01.05, but the city manager shall give notice of this action to the owner, if the same can be determined. The owner shall not be liable for any cost for removal and abatement in such case.

(Ord. No. 738, § 2, 2-22-11)

If the city determines to sell any shopping cart deemed to be permanently abandoned pursuant to section 6-9.01.07, the city shall advertise the sale at a time convenient to the city. Notice of such sale, including the time and place, shall be posted in three (3) conspicuous places within the city. Ten (10) days after posting such notice, such shopping carts may be sold and delivered to the highest bidder free and clear of any claims of the owner thereof. The proceeds of such sale shall be distributed to the city.

(Ord. No. 738, § 2, 2-22-11)

A. No person shall remove any shopping cart from the premises or parking area of any retail establishment. This section shall not apply to the removal by the owner or agent or an employee of the retail establishment, nor to the removal by a customer with the written consent of the owner, owner's manager, or authorized agent.

B. No person shall have in his possession any shopping cart which has been removed from the premises or parking area of any retail establishment without the owner's written consent or which has been abandoned or left on public or private property, unless such person has notified the city of the presence and location of such shopping cart.

(Ord. No. 738, § 2, 2-22-11)

No person shall abandon or leave any shopping cart which has been removed from the premises or parking area of any retail establishment upon any public or private property except that of the owner of the shopping cart.

(Ord. No. 738, § 2, 2-22-11)

The city may contract with a shopping cart retrieval service for the retrieval and impoundment of shopping carts or any other related service described in this chapter.

(Ord. No. 738, § 2, 2-22-11)

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the city manager, or his or her designee.

(Ord. No. 738, § 2, 2-22-11)

The city manager may exempt a shopping cart owner from some or all of the provisions of this chapter if the shopping cart owner has implemented a plan whereby employees provide shopping cart retrieval, or where the shopping cart owner has entered into a contract with a shopping cart retrieval service and has provided the city with proof of such retrieval plan or contract; provided, that such plan or contract shall provide that carts will be retrieved within seventy-two (72) hours after abandonment and shall contain appropriate enforcement mechanisms. If an approved plan or contract fails to retrieve carts within seventy-two (72) hours, the city manager may revoke the exemption. Such revocation shall subject the shopping cart owner to the provisions of this chapter.

(Ord. No. 738, § 2, 2-22-11)